Is joint custody hard to get? What is the best way to get joint custody? Is it worth it going to court? Courts generally consider the following factors in determining whether to award joint custody. Read the factors to get a better idea on how to get joint custody:
- Whether the living environment is stable
- The health, safety, and welfare of the child
- Any history of child abuse by a parent
- Strong conservation of sibling relationships and a desire to prevent separation of siblings
- Whether any violent crimes have occurred. Examples of this include: rape, child abuse, or domestic violence
how to get joint custody
However, generally speaking, absent any emergency circumstances courts actually favor joint custody scenarios. Courts today have ruled that it is generally in the best interest of the child to have significant visitation time with both parents. As a result, the default scenarios are usually to award joint custody. Keep in mind just because there is joint custody does not mean it is shared 50-50. A custody schedule that gives one parent time with the child only on weekends is still considered joint custody. In addition, the less time a parent has with the child, the more he or she will have to pay in child support.
Now that you know how to get joint custody, the next question is how can you get more custodial time with your child? Courts look at a couple of factors such as each parent’s lifestyle, work habits, and the best interest of the child. For more information read this article on Joint Custody Schedules here.
Willing to work together
Joint custody therefore takes a lot of work. If the court is willing to award joint custody, then it will expect both parents to work out their differences. The last thing a judge wants to see is one parent coming into court and demanding sole custody of the child without giving any reasons. Parents need to adjust their expectations these days and realize that courts will allow both parents to see the child.
As mentioned above, there are times where courts will give one parent sole physical and legal custody. This happens when there is credible evidence, or even a conviction, of domestic violence or child abuse by one of the parents. If there are also convictions of other violent crimes, then a court may restrict the custodial time of the parent using that conviction. If you are a parent seeking protection from the other parent or if you are a parent with a conviction seeking to rehabilitate yourself in front of the judge, contact an attorney right away.
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